S.Vigneshwaran v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL S.Vigneshwaran ... Petitioner Vs.
1. State of Tamil Nadu, Represented by the Secretary to Government, Home Department, Secretariat, Chennai-600 009.
2. The Director General of Police, Tamil Nadu Police Department, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
3. The Additional Director General of Police, Tamil Nadu Police Department, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
4. The Inspector General of Police, South Zone, Madurai, Madurai District.
5. The Deputy Inspector General of Police, Ramanathapuram Range, Ramanathapuram, Ramanathapuram District.
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6. The Superintendent of Police, Ramanathapuram, Ramanathapuram District.
7. The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.
8. The Inspector of Police, CBCID, Ramanathapuram, Ramanathapuram District.
9. The Inspector of Police, Thondi Police Station, Ramanathapuram District.
10. The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 8 to restrain the 9th and 10th respondents to foist false cases against the petitioner and to remove the petitioner's name from the Proposed Accused List and to ensure the petitioner's right of peaceful life and not to harass the petitioner in the guise of enquiry, by considering the petitioner's representation dated 10.03.2025. For Petitioner : Mr.S.Muthukumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) Page No. 2 of 7
O R D E R
This writ petition has been filed by the petitioner to direct the respondents No.1 to 8 to restrain the 9th and 10th respondents to foist false cases against the petitioner, and to remove the petitioner's name from the proposed accused list and not to harass the petitioner in the guise of enquiry by considering the petitioner's representation dated 10.03.2025.
2. According to the petitioner, he is running a saloon shop at Thiruvalluvar Nagar, Thondi. While so, on 14.10.2024 at about 10.00 a.m., the police personnel in an uniform came and interrogated with the petitioner by saying that they are attached to the 9th respondent police station and taken the petitioner for enquiry. They also stated that a case in Crime No.289 of 2022 for the offences under Section 8(c) and 20(b)(ii) (B)of Narcotic Drugs and Psychotropic Substances Act, 1985 is pending against the petitioner and threatened the petitioner that they would put up a false case against him. Then, the S.P.Pattinam Police has also registered a case against the petitioner in Crime No.31 of 2024 and they wantonly implicated the petitioner in ganja case with false allegation. In the mean time, the 9th and 10th respondents have called the petitioner for enquiry and harassed the petitioner and threatened to foist a false case. Therefore, Page No. 3 of 7
he sent a representation dated 10.03.2025, but the same has not been considered. Hence this petition.
3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents would submit that the petitioner sold ganja and thereby, two cases have been registered against the petitioner in Crime No.289 of 2022 on the file of the Thondi Police Station and another case in Crime No.31 of 2024 is pending with the 10th respondent. While so, the petitioner sent a representation dated 10.03.2025 alleging that the respondent police have foisted a false case against the petitioner. The prayer in the writ petition itself is not maintainable. However, the representation of the petitioner is pending with the 6th respondent. Therefore, the 6th respondent will conduct an enquiry on the representation of the petitioner and take appropriate action in accordance with law.
4. Considering the prayer of the petitioner and the learned Additional Public Prosecutor has also admitted the pending representation of the petitioner dated 10.03.2025, it is for the 6th respondent to consider the same and dispose of in accordance with law. In view of the same, this Court directs the 6th respondent to dispose of the representation of the Page No. 4 of 7
petitioner dated 10.03.2025 within a period of one week from the date of this order.
5. With the above said observations and direction, this writ petition is disposed of. No costs.
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1. The Secretary to Government, Home Department, Secretariat, Chennai-600 009.
2. The Director General of Police, Tamil Nadu Police Department, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
3. The Additional Director General of Police, Tamil Nadu Police Department, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
4. The Inspector General of Police, South Zone, Madurai, Madurai District.
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5. The Deputy Inspector General of Police, Ramanathapuram Range, Ramanathapuram, Ramanathapuram District.
6. The Superintendent of Police, Ramanathapuram, Ramanathapuram District.
7. The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.
8. The Inspector of Police, CBCID, Ramanathapuram, Ramanathapuram District.
9. The Inspector of Police, Thondi Police Station, Ramanathapuram District.
10. The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District.
11.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL, J.
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